Download or read book The Private Enforcement of Anti monopoly Law in a Transitional China an Analysis from Economic and Comparative Perspectives written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Competition Law in China written by Jingyuan Ma and published by Springer Nature. This book was released on 2020-05-13 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to the developmental history and structural framework of Chinese competition law from a law and economics perspective. It examines the philosophical foundations, the substantive law, and enforcement issues concerning competition law and policy in China by pursuing an economic and comparative approach. Further, the book presents and analyzes competition cases involving monopolistic agreements, abuse of dominant position, and concentration. The book will help professionals and business practitioners to understand the distinct features of competition law and policy in China, and how the substance and enforcement of the law can be compared with competition regulations in the US and EU from an economic perspective. Given its scope, it offers a valuable guide for academic, public sector and professional audiences alike, and will appeal to researchers, students and anyone with an interest in economic law and policy in China. The book can also be used as reading material to accompany courses such as China’s Competition Law and Policy, Comparative Competition Law, and Market Regulation in China for foreign students studying Chinese law and policy at the undergraduate, graduate and doctoral levels.
Download or read book The Chinese Anti Monopoly Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML. The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Download or read book Competition Policy and Regulation written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach. Given that the development of the Chinese anti-monopoly law in China was heavily reliant on a comparative approach, the contributors analyse how its text and practice actually compare to European and US legislation. The first cases in which Chinese anti-monopoly law were applied are explored, and both competition law and competition policy are discussed in detail. Topics include: industrial and professional regulation and their relationship to competition law, merger control, substantive competition law issues, cartels, and abuse of dominance and predation. This unique book will prove a fascinating read for competition lawyers, economists with a special interest in regulation and competition, and for practitioners concerned with competition policy and regulation.
Download or read book China s Anti Monopoly Law written by Adrian Emch and published by Kluwer Law International B.V.. This book was released on 2013-07-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: It probably goes without saying that anti-monopoly law and practice are of very recent vintage in China. In August 2008, 118 years after the Sherman Act and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came into effect. Since then the enforcement of the AML has seen significant progress as well as considerable challenges. This volume, comprised of 27 highly informative contributions by more than 40 government officials, academics, economists, in-house lawyers, and private practitioners, introduces novice practitioners to the complexities of antitrust law in China and provides new insight for those already working in the field. Generally following the structure of the text of the AML, topics and issues covered include the following: an overview of the first five years of AML implementation; the institutional framework for antitrust enforcement in China; monopoly agreements between market players; abuses of dominance committed by a single company; problems and potential solutions for information exchanges between competitors; the economics underlying retail price maintenance; refusals to deal; procedural and substantive practice of merger decisions; the application of merger control to joint ventures; ‘administrative monopolies’ and the tension between competition and industrial policies; ways to seek legal redress; litigation (both administrative and civil) and the role of the courts; international cooperation efforts made in relation to Chinese antitrust enforcers; the relationship between the AML and China’s anti-bribery rules; the treatment of vertical integration or cooperation; and how the AML rules apply to intellectual property rights. Throughout the book there are analyses of major judgments with key conclusions to be drawn from them, as well as comparisons with corresponding judgments in other jurisdictions. This book is the first comprehensive analysis of the AML, and as such will be of inestimable value to business persons and in-house counsel, as well as to academics in Chinese law and competition law from a global perspective.
Download or read book Competition Laws Globalization and Legal Pluralism written by Qianlan Wu and published by A&C Black. This book was released on 2014-07-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.
Download or read book Enforcement Under China s Anti Monopoly Law written by Xiaoye Wang and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the launch of the Opening-Up and Reform Policy in the late 1970's, China has undertaken the difficult transition from a planned economy to a market economy. In parallel with the significant economic reforms, China's legal system has been remodelled. The Anti-Monopoly Law is a key law in China's effort to lay out the legal framework for an effective market economy.Each of the three antitrust enforcement agencies in China has achieved progress, and private litigation in courts is evolving quickly. Nonetheless, as China's transition has not been completed, it is natural that antitrust enforcement encounters considerable challenges. The lawsuit against the General Administration of Quality Supervision, Inspection and Quarantine, the questions raised in relation to the China Unicom/China Netcom merger and the issue in the TravelSky case illustrate some of these challenges. China should continue its efforts to increase the effectiveness of antitrust enforcement. In particular, it is necessary to raise the awareness in society about the concept of competition and the importance of competition policies, and to improve the authorities' antitrust enforcement capabilities.
Download or read book Competition Law in China written by Xiaoye Wang and published by Kluwer Law International. This book was released on 2018-02-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject - the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities' powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Download or read book Private Litigation Under China s Anti Monopoly Law written by Alexandr Svetlicinii and published by . This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public enforcement of the AML by the administrative authorities, relatively little attention has been paid to the development of the judicial practice of private anti-monopoly litigation. The present paper is a result of the empirical case law research based on the analysis of the published court judgments guided by the judicial interpretations issued by the Supreme People's Court. The research addresses the procedural law aspects that continue to influence the development of private enforcement of the AML in China: legal standing of the plaintiff, burden and standard of proof, assessment of economic evidence, available judicial remedies, etc. The paper demonstrates how the specified procedural rules have affected the judicial practice and attempts to map the directions for further development of China's legal framework for private enforcement of the AML. The paper also contributes to the broader discussion on the reform of the private enforcement of competition law, which is currently being undertaken in the European Union and other national and regional competition law regimes worldwide.
Download or read book The Enforcement of the Anti Monopoly Law in China written by Angela Huyue Zhang and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unveiling of the Anti-Monopoly Law (the “AML”) on August 30, 2007 marked a symbolic commencement of a new era of competition for China. Since the law was enacted in 2008, every move made by the Chinese antitrust authorities has been closely watched by the international community. While much attention has been devoted to second-guessing the political motives behind each of the Chinese government's decisions, little effort has been directed to studying problems in the institutional framework for implementing the AML. This article identifies three problems in the institutional design of China's antitrust enforcement system and calls for attention to remedy them. The first problem originates from China's tripartite system of administrative enforcement, which will lead to many potential conflicts between the National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce (“SAIC”), the two agencies that share enforcement responsibilities in the areas of restrictive agreements and abuse of dominant positions. While decentralization of enforcement has some modest benefits such as promoting competition among agencies and hedging the risks if any single agency fails to perform, it is imperative for NDRC and SAIC to have a work-sharing agreement that clearly delineates their rights and obligations in cases of concurrent jurisdiction. Moreover, the Anti-Monopoly Commission should set up a formal supervisory mechanism to resolve potential conflicts among the administrative enforcement agencies. Second, the concentration of authority in the Ministry of Commerce (“MOFCOM”) in the merger control regime has led to a myriad of adverse consequences including asymmetric bargaining, prosecutor bias, selective enforcement and lack of transparency. In this regard, China could learn from the E.U.'s experience and introduce more checks and balances into its merger control regime. Finally, private litigation has not been successful in China due to the challenges plaintiffs face in satisfying their burden of proof under the AML. However, private enforcement is an indispensible complement to public enforcement and should be encouraged in China.
Download or read book Competition and Patent Law in the Pharmaceutical Sector written by Giovanni Pitruzzella and published by Kluwer Law International. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editors --Contributors --Foreword --Preface --Pharmaceutical Patents and Competition Issues --What Is Going on in National Systems?
Download or read book Asian Capitalism and the Regulation of Competition written by Michael W. Dowdle and published by Cambridge University Press. This book was released on 2013-04-18 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of Asian forms of capitalism for the emerging global competition law regime.
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Download or read book Economic Analysis of Law in China written by Thomas Eger and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve
Download or read book Politics in China written by William A. Joseph and published by Oxford University Press, USA. This book was released on 2019 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previously published: Oxford; New York: Oxford University Press, [2014]
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
